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March 4, 2005, 9:00 AM ET, Alert No. 1,088.
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House CIIP Subcommittee to Take Up Patent Reform

3/3. Rep. Lamar Smith (R-TX) and Rep. Howard Berman (D-CA), the Chairman and ranking Democrat on the House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP), spoke with reporters after the CIIP mark up session on Thursday, March 3, 2005. Rep. Smith stated that the CIIP Subcommittee will hold "several hearings in April on patent reform".

Rep. Lamar SmithRep. Smith (at right) also said that he will then introduce a bill on patent reform. He did not discuss its contents. He added, "the next big thing of this Subcommittee will be patent reform."

Said Rep. Berman, "we are very glad to hear that".

Late in the last Congress, on October 8, 2004, Rep. Howard Berman (D-CA) and Rep. Rick Boucher (D-VA) introduced HR 5299 (108th), the "Patent Quality Assistance Act of 2004", a bill to amend the Patent Act to provide for post grant reviews. The bill would add to Title 35 a new Chapter 32, titled "Post-Grant Opposition Procedures". Rep. Boucher is also a senior member of the CIIP Subcommittee.

See, story titled "Berman and Boucher Introduce Bill to Provide for Post Grants Reviews of Patents" in TLJ Daily E-Mail Alert No. 999, October 19, 2004.

There is also considerable discussion of patent reform, on a wide range of issues, outside of the Congress. Some of the issues being discussed are post grant reviews, the research exemption, 11th Amendment immunity of states, funding for the U.S. Patent and Trademark Office (USPTO), accelerated publication of patent applications, use of the preponderance of the evidence test in determining patent validity, standards for determining obviousness, and the scope of patentable subject matter.

For example, National Academies and the American Intellectual Property Law Association (AIPLA), and the Federal Trade Commission (FTC) have written major studies of patent law reform issues, which contain their recommendations.

The National Academies' Board on Science, Technology, and Economic Policy (STEP) issued a report titled "A Patent System for the 21st Century".

The AIPLA then issued its report [49 pages in PDF] titled "AIPLA Response to the National Academies Report entitled ``A Patent System for the 21st Century´´".

On October 28, 2003, the FTC released a report titled "To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy". See, Executive Summary [18 pages in PDF] and Report [2.28 MB in PDF]. See also, story titled "FTC Releases Report on Competition and Patent Law" in TLJ Daily E-Mail Alert No. 768, October 29, 2003.

The FTC, National Academies' STEP, and AIPLA are currently holding a series of public meetings around the country regarding patent reform. The meeting San Jose was last month. The meeting in Chicago is on March 4. The meeting in Boston will be on March 18. There will also be a meeting in Washington DC . See, FTC notice and agenda [PDF], and story titled "FTC, AIPLA, and National Academies to Host Series of Public Meetings on Patent Reform" in TLJ Daily E-Mail Alert No. 1,043, December 23, 2004.

Also, on Thursday, March 10, the American Enterprise Institute (AEI) will host a panel discussion titled "The Patent System and the New Economy". The presenter will be Brad Smith, General Counsel of Microsoft. Todd Dickinson (General Electric Company, and former head of the USPTO), John Duffy (George Washington University Law School), James DeLong (Progress and Freedom Foundation), and Andre Carter (Imiri Incorporated). See, notice.

Also, the Supreme Court has granted certiorari in a case involving the patent research exemption, Merck KGaA v. Integra LifeSciences I. This case involves interpretation of 35 U.S.C. § 271, and application of the common law research exemption. On June 6, 2003, the U.S. Court of Appeals (FedCir) issued a divided opinion. Judge Randall Rader wrote the opinion of the Court, strictly construing Section 271(e)(1) of the Patent Act. Judge Pauline Newman dissented in part, emphasizing the underlying purposes of patent law; she would construe the statute more broadly, and recognize a meaningful common law research exemption. See, story titled "Supreme Court Takes Case Involving Research Exemption to Patent Infringement" in TLJ Daily E-Mail Alert No. 1,053, January 11, 2005.

House CIIP Subcommittee Approves Family Entertainment and Copyright Act

3/3. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP) approved, by unanimous voice vote, S 167, the "Family Entertainment and Copyright Act of 2005".

This is a composite bill, containing four copyright related parts. It includes the ART Act, which includes a provision criminalizing certain uses of camcorders in movie theaters, and the Family Movie Act, which pertains to ClearPlay type content skipping technology. It also contains the Film Preservation Act and the Orphan Works Act.

The CIIP Subcommittee held no hearing in this Congress on this bill. However, the items in this bill are carried over from the 108th Congress. The CIIP Subcommittee did hold hearings, and markup sessions, in the 108th Congress.

The Senate promptly approved this bill on February 1, 2005. See, story titled "Senate Approves Copyright Bill" in TLJ Daily E-Mail Alert No. 1,069, February 3, 2005. That story contains are more detailed summary of the contents of this bill.

The debate was brief at the March 3 CIIP Subcommittee markup. No amendments were offered. Only three members spoke, Rep. Lamar Smith (R-TX), Rep. Howard Berman (D-CA), and Rep. Chris Cannon (R-UT).

Rep. Berman has previously spoken in opposition to the "Family Movie Act". He stated on March 3 that he supports this bill, despite its inclusion of the "Family Movie Act". He quipped that it could be named the "Authorizing Profits for ClearPlay Legislation".

Rep. Berman also warned that while this bill allows parents to skip over content that they do not want their children to see, this same technology can also be employed to enable viewers to see movies that are "more explicit ... more pornographic".

Rep. Smith made that argument that this legislation is appropriate because requiring movie viewers not to skip over content would be like requiring book readers not to skip pages.

Rep. Smith and Rep. Berman spoke with reporters after the mark up session. Rep. Smith stated that the Subcommittee's goal is to see S 167, and the other bills just approved by the CIIP Subcommittee, marked up in full Committee, and approved by the House, quickly. In particular, he said that the goal is to obtain final passage of all of these bills before the U.S. Supreme Court issues its opinion in the Grokster case, regarding copyright infringement and peer to peer systems.

Rep. Smith and Rep. Berman stated that they expect that they will have other work once the Grokster opinion is handed down. They predicted that whoever looses that case will come to the Congress seeking legislation, while the winner will urge the Congress to pass no legislation on the subject.

House CIIP Subcommittee Amends and Approves Trademark Dilution Revision Act

3/3. The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (CIIP) amended and approved HR 683, the "Trademark Dilution Revision Act of 2005".

Rep. Lamar Smith (R-TX), the Chairman of the CIIP Subcommittee, introduced this bill on February 9, 2005. The CIIP Subcommittee held a hearing on February 17, 2005. See, story titled "CIIP Subcommittee Holds Hearing On Trademark Dilution Revision Act" in TLJ Daily E-Mail Alert No. 1,081, February 23, 2005.

This bill is a reaction to the Supreme Court's March 4, 2003 opinion [21 pages in PDF] in Moseley v. V Secret. See also, story titled "Supreme Court Rules in Trademark Dilution Case" in TLJ Daily E-Mail Alert No. 618, March 6, 2003.

Rep. Smith stated at the mark up that the Supreme Court "compelled" the House to revisit this topic. He said that HR 683 is not new legislation. Rather, it "represents a clarification of what the Congress meant" when it enacted the Federal Trademark Dilution Act (FTDA) in 1995.

The FTDA bars uses of another's mark that blur or otherwise interfere with the ability of that mark to identify the source of goods. The FTDA is codified at 15 U.S.C. § 1125(c). It is also known as Section 43(c) of the Lanham Act.

The Moseley case involved whether the plaintiff in a lawsuit for violation of the FTDA must show actual economic loss. The Sixth Circuit held that economic harm may be inferred. The Supreme Court reversed. Its opinion is also reported at 537 U.S. 418.

The Supreme Court wrote that "The relevant text of the FTDA ... provides that ``the owner of a famous mark´´ is entitled to injunctive relief against another person's commercial use of a mark or trade name if that use ``causes dilution of the distinctive quality´´ of the famous mark. 15 U. S. C. §1125(c)(1) (emphasis added). This text unambiguously requires a showing of actual dilution, rather than a likelihood of dilution."

The amendment approved by the Subcommittee makes 17 changes to the bill as introduced. Many are minor and technical clarifications.

HR 683 would replace the current language of 15 U.S.C. § 1125(c).

Subsection (c)(1) currently provides that "The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person’s commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection."

The current statute then enumerates several factors that the court may consider in determining whether a mark is distinctive and famous.

Under HR 683, as introduced, subsection (c)(1) would provide that "Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner's mark has become famous, commences use of a mark or trade name in commerce as a designation of source of the person's goods or services that is likely to cause dilution by blurring or dilution by tarnishment, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury."

The amendment approved on March 3 makes two change to this language. First, it deletes the phrase "as a designation of source of the person's goods or services". Second, it replaces the word "tarnishment" with "tarnishment of the famous mark".

The bill, as introduced, also provides that "a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner. In determining whether a mark possesses the requisite degree of recognition, the court may consider all relevant factors, including the following:
  (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties.
  (ii) The amount, volume, and geographic extent of sales of goods or services offered under the mark.
  (iii) The extent of actual recognition of the mark." The amendment does not alter this language.

The bill also defines, and enumerates factors to be considered by the court regarding, dilution by blurring. It also defines dilution by tarnishment. The amendment approved on March 3 makes several changes to these definitions. The amendment replaces references to "designation of source" with "mark or trade name".

The bill, as introduced, also contains a list of exemptions. These only slightly modify the exemptions in the current statute. The bill, as introduced, provides that "The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection:
  (A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.
  (B) Noncommercial use of a designation of source.
  (C) All forms of news reporting and news commentary."

One of the key items in the amendment approved on March 3 replaces the noncommercial use language (subsection (c)(3)(B) quoted above). The amended language provides that there is an exemption for "Fair use of a famous mark by another person, other than as a designation of source for the person's goods or services, including for purposes of identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner."

Rep. Howard Berman Rep. Howard Berman (D-CA) (at left), the ranking Democrat on the CIIP Subcommittee, also spoke at the March 3 mark up session. He expressed support for the bill, and emphasized that dilution should remain an extraordinary remedy. He said that dilution "will only be available in rare circumstances, and not as an alternative to trademark infringement".

Rep. Berman commented on the amendment that exempts fair use, including parody, criticism and comment. He said that dilution will not be available to "trump First Amendment rights".

More News

3/3. The Federal Communications Commission (FCC) released the agenda [PDF] for its meeting of Thursday, March 10, 2005.

3/1. The Office of the U.S. Trade Representative (USTR) released a report [437 pages in PDF] to the Congress titled "2005 Trade Policy Agenda and 2004 Annual Report of the President of the United States on the Trade Agreements Program". See also, USTR release.

2/22. The U.S. Court of Appeals (11thCir) issued its opinion [7 pages in PDF] in BellSouth v. Georgia PSC, a dispute involving interconnection agreements, rate setting by the Georgia Public Services Commission (PSC), 47 U.S.C. § 252, and the Federal Communications Commission's (FCC) triennial review order. The District Court reversed a rate setting order of the Georgia PSC. The Court of Appeals affirmed the District Court on all issues. This case is BellSouth Telecommunications, Inc. v. Georgia Public Services Commission, et al., U.S. Court of Appeals for the 11th Circuit, App. Ct. No. 04-12310, an appeal from the U.S. District Court for the Northern District of Georgia, D.C. No. 03-03222-CV-CC-1.

People and Appointments

3/4. Jay Keithley was named acting Chief of the Federal Communications Commission’s (FCC) Consumer & Governmental Affairs Bureau (CGAB). He will Dane Snowden, who will leave on March 11. Keithley has been the Deputy Chief of the CGAB since June of 2004. See, FCC release [PDF].

3/3. Andrew Noyes was named Associate Managing Editor of Washington Internet Daily, a Warren Communications News publication. He replaces Randy Barrett, who went to National Journal's Technology Daily. Noyes will also write on intellectual property rights, cyber security, and internet issues for Warren's Communications Daily. Noyes has worked for Communications Daily since November of 2004, covering satellite issues. He can be reached at anoyes@warren-news.com.

Washington Tech Calendar
New items are highlighted in red.
Friday, March 4

The House will not meet. It will next meet at 12:00 NOON on Monday, March 7.

The Senate will meet at 9:30 AM. It will resume consideration of S 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005".

9:45 AM - 1:30 PM. The Citizens Against Government Waste will host a briefing and luncheon titled "High Tech Policy Forum". At 9:45 AM Tom Schatz (President of CAGW) will give opening remarks. At 10:00 AM Orson Swindle (Federal Trade Commission) and David Taylor (Capitol Solutions) will speak on privacy and spectrum allocation. At 11:00 AM Jonathan Zuck (Association for Competitive Technology) and Lawrence Spiwak (Phoenix Center for Advanced Legal & Economic Public Policy Studies) will speak on intellectual property and VOIP. At 12:00 NOON. James Gilmore will give the luncheon address. See, notice. RSVP to dwilliams@cagw.org or fax to 202 467-4253. Location: Room B340, Rayburn Building, Capitol Hill.

Day three of a three convention hosted by the Center for Homeland and Global Security titled "4th Annual Homeland and Global Security Summit". See, notice. Location: Washington Convention Center.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding Qualcomm's Petition for Declaratory Ruling seeking clarification of rules and the establishment of a streamlined review process to accelerate the deployment of new services in the 700 MHz band. See, FCC Public Notice (DA 05-87). This proceeding is WT Docket No. 05-7.

Deadline to submit comments to Institute for Defense Analyses (IDA) in response to the Department of Defense's (DOC) and Department of Homeland Security's (DHS) National Cyber Security Division's (NCSD) request for public comments regarding the National Information Assurance Partnership (NIAP) and security flaws in commercial software products. See, notice in the Federal Register, February 2, 2005, Vol. 70, No. 21, at Page 5420.

Monday, March 7

The House will meet at 12:00 NOON.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in i2way v. FCC, No. 03-1174. This is a petition for review of an order of the Federal Communications Commission (FCC) interpreting its rule that provides that no more than ten channels for a trunked mobile radio operation may be applied for in a single application. See, FCC's brief [25 pages in PDF]. Judges Randolph, Roberts and Williams will preside. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Storage Technology, Corp. v. Custom Hardware Engineering & Consulting, Inc., No. 04-1462. This is an appeal from the U.S. District Court (DMass), in a case involving patent infringement, DMCA, copyright, trade secret and antitrust claims. This is D.C. No. 02-12102-RWZ. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Ericsson Radio Systems, Inc. v. Interdigital Comm. Corp., a patent case involving cell phone technology. This is an appeal from the U.S. District Court (NDTex), D.C. No. 04-1484, Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Space Systems v. Lockheed Martin, 04-1501. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch "to discuss and plan upcoming programs". RSVP to Tammi Foxwell at tfoxwell at dlalaw dot com or 202 776-2699. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, 8th floor.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in PMI Photomagic, Ltd. v. Foto Fantasy, Inc., No. 04-1362. Location: Courtroom 402, 717 Madison Place, NW.

2:00 PM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the nomination of Michael Jackson to be Deputy Secretary of Homeland Security. See, notice. Location: Room 342, Dirksen Building.

2:00 PM. The U.S. Court of Appeals (FedCir) will hear oral argument in Mirror Imaging, LLC v. Affiliated Computer Services, Inc., No. 04-1479. Location: Courtroom 402, 717 Madison Place, NW.

Deadline to submit comments to the Office of Personnel Management (OPM) in response to its notice of proposed rulemaking (NPRM) regarding various pay and work schedule issues. Among the subjects addressed in this NPRM is the e-Payroll initiative. See, notice in the Federal Register, January 5, 2005, Vol. 70, No. 3, at Pages 1067 - 1110.

Tuesday, March 8

8:00 - 9:30 AM. Rep. Mike Pence (R-IN), Chairman of the House Republican Study Committee, will be the speaker at a U.S. Chamber of Commerce Policy Insiders event. The price to attend ranges from free to $55. See, notice. For more information, contact Matt Haller at mhaller at uschamber dot com or 202 463-3176. Location: Herman Lay Room, U.S. Chamber, 1615 H St., NW.

9:00 AM. The Bureau of Industry and Security's (BIS) Regulations and Procedures Technical Advisory Committee (RPTAC) will meet. The meeting agenda includes an "Update on computer and microprocessor technology controls" and an "Update on encryption controls". (Emphasis added.) See, notice in the Federal Register, February 18, 2005, Vol. 70, No. 33, at Pages 8342-8343. Location: Room 3884, Herbert Hoover Building, 14th Street between Constitution and Pennsylvania Avenues, NW.

9:30 AM. The Senate Judiciary Committee will hold a hearing on the nomination of Thomas Griffith to be a Judge of the U.S. Court of Appeals for the District of Columbia. Press contact: Blain Rethmeier (Specter) at 202 224-5225, David Carle (Leahy) at 202 224-4242 or Tracy Schmaler (Leahy) at 202 224-2154. Location: Room 226, Dirksen Building.

10:00 AM - 12:00 NOON. The Department of State's International Telecommunication Advisory Committee (ITAC) will meet to prepare for the Organization of American States' (OAS) Inter-American Telecommunication Commission's (CITEL) Permanent Consultative Committee II meeting in Guatemala to be held in April 2005. See, notice in the Federal Register, December 30, 2004, Vol. 69, No. 250, at Pages 78515-78516. For more information, including the location, contact Cecily Holiday at holidaycc@state.gov or Anne Jillson at jillsonad@state.gov. Location: undisclosed.

10:00 AM. The President's Export Council's Subcommittee on Export Administration will hold hold a partially closed meeting. See, notice in the Federal Register, February 11, 2005, Vol. 70, No. 28, at Page 7232. Location: Room 4832, Department of Commerce, 14th Street between Pennsylvania and Constitution Avenues, NW.

2:30 PM. The Senate Judiciary Committee's Subcommittee on Terrorism, Technology and Homeland Security will hold a hearing on terrorism and the electromagnetic pulse (EMP) threat to homeland security. Location: Room 226, Dirksen Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking regarding revisions to its Schedule of Regulatory Fees. See, notice in the Federal Register, February 28, 2005, Vol. 70, No. 38, at Pages 9575-9606.

Wednesday, March 9

RESCHEDULED FOR MARCH 3. The Federal Communications Bar Association (FCBA) will host an event titled "FCBA Biennial Congressional Reception".

8:30 AM - 5:30 PM. The National Institute of Standards and Technology (NIST) will host a plenary meeting of the Technical Guidelines Development Committee. This pertains to the developing the security and usability of computer voting systems. See, NIST notice, and NIST voting web site. Location: NIST, 100 Bureau Drive, Building 101, Gaithersburg, MD.

9:00 AM - 1:00 PM. The Advisory Committee to the Congressional Internet Caucus will host an event titled "RFID Exhibition & Policy Primer". See, notice. Location: Room 902, Hart Building.

9:30 AM. Clayton Christensen, a professor at Harvard Business School, will give a speech titled "How Disruptive Innovation Will Change the Communications Industry". He is the author of The Innovator's Dilemna [Amazon], The Innovator's Solution: Creating and Sustaining Successful Growth [Amazon], and Seeing What's Next: Using Theories of Innovation to Predict Industry Change [Amazon]. Breakfast will be served at 8:30 AM. RSVP to 202 380-0620 or conferences at hbsp dot harvard dot edu. Location: Ballroom, National Press Club, 529 14th St., NW.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the President's budget request for FY 2006 for the Department of Homeland Security (DHS). See, notice. Room 342, Dirksen Building.

Day one of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

Thursday, March 10

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. The event will be webcast by the FCC. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Luck Music Library v. Ashcroft, No. 04-5240. Judges Randolph, Roberts and Williams will preside. This is an appeal from the U.S. District Court (DC), which issued its opinion [21 pages in PDF] on June 10, 2004 holding that Section 514 of the Uraquay Round Agreements Act is not unconstitutional. Section 514, which amended 17 U.S.C. § 104A, pertains to international enforcement of copyright. The District Court proceeding is D.C. No. 01-2220. See also, story titled "District Court Upholds Constitutionality of § 514 of Uruguay Round Agreements Act" in TLJ Daily E-Mail Alert No. 920, June 17, 2004. Location: Prettyman Courthouse, 333 Constitution Ave., NW.

10:00 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host a panel discussion titled "The Patent System and the New Economy". The presenter will be Brad Smith, General Counsel of Microsoft. Todd Dickinson (General Electric Company, and former head of the USPTO), John Duffy (George Washington University Law School), James DeLong (Progress and Freedom Foundation), and Andre Carter (Imiri Incorporated). Christopher DeMuth (AEI) will moderate. See, notice. Location: 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The DC Bar Association will host a brown bag lunch titled "Developments in the Fight Against Spam and Phishing". The scheduled speakers are Eric Wenger (Department of Justice's Computer Crime and Intellectual Property Section), Jennifer Jacobsen (AOL/Time Warner), Paula Bruening (Center for Democracy and Technology), and Frank Gorman (Bryan Cave). See, notice. Prices vary from $10 to $30. For more information, call 202 626-3463. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

2:00 PM. The House Armed Services Committee's Subcommittee on Terrorism, Unconventional Threats and Capabilities will hold a hearing on the President's budget request for FY 2006 on defense science and technology. The witnesses will be Anthony Tether (Director of the Defense Advanced Research Projects Agency), Ronald Sega (Director of Defense Research and Engineering), James Tegnelia (Director of the Defense Threat Reduction Agency), Thomas Killion (Asst. Sec. of the Army for Research and Technology), Rear Admiral Jay Cohen (Chief of Naval Research), and James Engle (Dep. Asst. Sec. of the Air Force for Science, Technology and Engineering). Location: Room 2118, Rayburn Building.

2:00 - 3:00 PM. The President's National Security Telecommunications Advisory Committee (NSTAC) will meet by teleconference. The meeting is closed to the public. The NSTAC states that the agenda includes the following: "receive briefings and consider proposed recommendations from (1) the NSTAC's Next Generation Network Task Force (NGNTF) concerning near-term issues emerging from the convergence of telecommunications and information technology, and (2) the NSTAC's Legislative and Regulatory Task Force (LRTF) concerning issues associated with the availability of critical telecommunications infrastructure information over the Internet." See, notice in the Federal Register, February 28, 2005, Vol. 70, No.38, at Page 9664.

6:00 - 8:15 PM. The DC Bar Association will host a continuing legal education (CLE) program titled "Introduction to Licensing Intellectual Property". The scheduled speakers are Joseph Contrera (Jacobson Holman) and Carol Lavrich (Georgetown University). See, notice. Prices vary from $70 to $115. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, B-1 Level, 1250 H St., NW.

Day two of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

Friday, March 11

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Board of Regents of the University of Texas v. Nippon Telephone and Telegraph, No. 04-1452. Location: Courtroom 203, 717 Madison Place, NW.

12:15 PM. The Federal Communications Bar Association's (FCBA) Cable Practice Committee will host a brown bag lunch titled "2005 Legislative Priorities". The speakers will be Neil Fried (Majority Counsel, House Commerce Committee) and Johanna Shelton (Minority Counsel, House Commerce Committee). For more information, contact Catherine.Bohigian@fcc.gov. Location: Dow Lohnes & Albertson, 1200 New Hampshire Ave., NW, Suite 800.

Day three of a three day conference host by the International Association of Privacy Professionals (IAPP) titled "IAPP National Summit". See, conference web site. Location: Omni Shoreham Hotel, 2500 Calvert St., NW.

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